Dozens of empty folders marked as classified were among the contents of 33 boxes recovered by FBI agents during their search of former US president Donald Trump’s Mar-a-Lago estate last month.
US District Judge Aileen Cannon released a detailed inventory early Saturday (Australian time) of the Mar-a-Lago search that was previously filed under seal in court.
The inventory revealed that classified documents had been mixed in with personal items and other materials in the boxes in which they were stored.
The FBI also retrieved more than 11,000 non-classified government documents from Mr Trump’s Florida home and resort.
Former White House Situation Room director Larry Pfeiffer described the discovery of 48 empty ‘classified’ folders as “terrifying”.
That 48 classified documents could be missing is the “worst-case scenario,” Mr Pfeiffer was quoted as saying by The Los Angeles Times.
“That’s terrifying, because then what happened to them? Where are they? Are they still hidden somewhere? Are they hidden in another Trump location? Did he give them away to some people as souvenirs? God knows,” he said.
US presidents are required to transfer all of their documents and emails to the National Archives on leaving office.
The Justice Department is investigating whether Mr Trump improperly handled records by taking them from the White House to his Mar-a-Lago estate after he lost the presidency in January 2021.
The DOJ allege Mr Trump and his lawyers failed to provide relevant documents voluntarily, and “likely concealed or removed” records as part of an effort to obstruct the investigation.
Mr Trump has denied the claims, saying he had already declassified the documents that were in his possession. He has also said that the files were kept securely in a storage room at Mar-a-Lago.
Previous court filings confirmed the former president held classified records in storage areas at Mar-a-Lago, but the unsealed inventory reveals dozens of files were also found in Mr Trump’s office during the August 8 raid.
The DOJ has said there was no secure space at Mar-a-Lago for sensitive government secrets. It is also investigating potential violations of a law that prohibits the mutilation or concealment of government records, classified or not.
Among the items recovered from Mr Trump’s Mar-a-Lago home in August were:
- 18 documents marked top secret
- 54 documents marked secret
- 31 documents marked confidential
- 28 empty folders labeled “return to staff secretary” or military aide.
The FBI previously identified 184 documents marked as classified in 15 boxes recovered by the National Archives in January, and received additional classified documents during a June visit to Mar-a-Lago.
The court filings have not offered an explanation for why Trump had kept the classified documents, and why he and his representatives did not give them when requested.
Judge Cannon – who ordered the inventory be unsealed – is expected to soon rule on a request by Mr Trump’s legal team for an independent expert to review the seized documents.
Mr Trump’s lawyers argue that an independent legal expert, known as a special master, is needed to determine whether the files are covered by executive privilege – which allows presidents to keep certain communications – or by attorney-client privilege.
The DOJ has opposed the move as unnecessary, claiming its review of the retrieved records was already complete and the appointment of a special master could delay its investigation.
-with agencies
